The  SERVICE PROVIDER and  the Client are cocollectively referred to as “Parties” and individually as a “Party”.

WHEREAS:

A.  The Client is engaged in a business of Infrastructure and Construction; 

B. The SERVICE PROVIDER is a company engaged in the business of providing services in the area of human resource management and consultancy by way of recruitment, training and business process outsourcing to various kinds of Companies and inter alias, is engaged in the business of providing specific corporate services to its customers through deputation of its skilled, semi-skilled and Unskilled Workman (hereinafter referred to as “Personnel”) to its customers sites, whether onsite or offshore;

C. The Client is desirous of engaging the services of the Service Provider and the Service Provider has agreed to offer the services described herein to client on the terms and conditions set out as hereunder.

IN PURSUANCE WHEREOF NOW THIS  AGREEMENT WITNESSES AS FOLLOWS:

1.    SCOPE OF SERVICE

1.1    The SERVICE PROVIDER shall supply requisite personnel as per the requirement raised for carrying out the requirement of the first party for carrying out the connected work at the site.

1.2    The SERVICE PROVIDER shall Handover the appointment letter of personnel within one week from date of joining and also has to ensure all statutory obligations like ie, Declaration form under PF, Opening of individual bank account, & other joining formalities etc. within 7 (seven) days of joining.

1.3    The SERVICE PROVIDER has to pay on the agreed wages to the personnel deputed at client location as arrived from the minimum wages. The second party shall ensure that the monthly wages shall be disbursed through bank account the personnel deputed at site. The Service provider must submit the proof of payment to client including copy of NCR & Wages sheet.

1.4    The SERVICE PROVIDER shall ensure that the personnel have undergone and cleared the selection processes and meet the requirements of the CLIENT.

1.5    It is agreed & understood that the regularity of the service will be the essence of this agreement & shall form a central factor of this agreement. The Second party shall take all possible steps to ensure to maintain its performance as determined by the first party from time to time.

1.6    The Second party undertakes to comply with the applicable provisions of all legislation if applicable for carrying out the purpose of this agreement. The Second party shall further observe & comply with all government statutory laws concerning employment of staff employed by the second party & shall duly pay all money to such staff as may be required to be paid under such laws.

2.    Duration

2.1    This Agreement will be valid for a period of one year starting from 1st January 2019 to 31st December 2019. This Agreement will automatically expire on 31st December 2019. Unless the parties mutually agreed in writing to renew the Agreement prior to the expiry of the term.

2.2    The Services of personnel shall be offered to the client on deputation for the period stated at clause 2.1 above.

3.    COMMERCIALS:

3.1    Reimbursements

The SERVICE PROVIDER alone shall be responsible for paying wages to the  personnel fro the services rendered by the personnel to the client under this Agreement. The SERVICE PROVIDER shall be responsible for complying with all the statutory obligations in connection with the Personnel deputed to the Client. The SERVICE PROVIDER shall indemnify the client against any violation by the SERVICE PROVIDER of its Statutory obligations in this connection.

3.2    Service fees:

In consideration of the services provided by the SERVICE PROVIDER to the CLIEN, the CLIENT shall pay to the SERVICE PROVIDER service fees as detailed below:

a) Monthly Service fees:

• The service provider shall be paid service fee @ 7% (Seven Percent) on the salary/wage (Basic + Adhoc + OT) of personnel per month.
• Employer’s share towards PF as per the prevailing EPF norms shall be reimbursed of documentary proof.
• There shall not be any revision in the fee during the validity period of this Agreement. In the event the Parties mutually agree to renew the Agreement then the terms of fees and revision in the fees shall be pre agreed.

3.3    Taxes

The rates are inclusive of taxes &duties, Levies, etc. except GST which shall be reimbursed at prevailing tax rules.

3.4    Income Tax / TDS:

TDS Shall be deducted from certified invoice as per income tax rules.

3.5    Payment terms:

THE SERVICE PROVIDER shall raise an Invoice on Client on the 10th day of every following month. The invoice shall contain the following:

• The wages payable by the SERVICE PROVIDER to the Personnel for that month;
• The Service Fee payable by Client to the SERVICE PROVIDER for that month as specified in Clause 3.2;
• The service tax payable for that month.                

Along with each invoice, the SERVICE PROVIDER shall issue a Certificate confirming in writing of having paid the Personnel for the period of the invoice raised on the client and also confirm having complied with the statutory obligation towards the said Personnel wages.

The Client shall verify the Invoice and make the payment of the Invoice (as certified) to the SERVICE PROVIDER within 30 working days from the date of invoice submission. Any adjusted in the following months invoice.

3.6    Bonus & Leave Payment:

Bonus & Leave will be paid as per statutory provisions, as applicable to such employees.

4.    TERMINATION OF AGREEMENT

4. 1   This Agreement shall be terminated on the expiry of the period Stated in clause 2.1 unless mutually agreed in writing by the Parties to renew this Agreement prior to expiry of the aforesaid  period.

4. 2   Either Party may terminate this Agreement by serving a written Notice of not less than thirty (30) days on the other Party, provided that any amounts due to the SERVICE PROVIDER prior to such termination shall continue to be subject to the provisions of clause 3.2 above.

4.3    If the second party commits breach of this agreement, the first part may send a written notice to the second party to rectify such breach within the time limit specified in such notice. In the second party fails to rectify such breach within the stipulated time, the agreement shall forthwith stand terminated and second party shall be liable to pay to first party for losses or damages on account of such breach.

4.4    Effect of Expiration: Upon the expiration or termination of this Agreement for any reason:

• Both the Parties will promptly notify each other of all Confidential Information, including but not limited to the designs and materials, in their possession. Based on the written instructions of both the Parties, the Client shall either handover the information or destroy the same to the satisfaction of the SERVICE PROVIDER.
• The Service provider shall confirm that on termination all statutory obligations have been complies with & shall indemnify the client from all obligations till the pendency of this agreement.

5.    FACILITATION

5.1   The SERVICE PROVIDER shall notify to the client the Client the name of Its designated personnel who will be looking after all the issues (including but not limited to) such as deputation, withdrawal, change, Separation, termination, etc. of its Personnel to the Client.

5.2  The Client shall designate personnel and notify the SERVICE PROVIDER The same for the purposes of discharging obligations under this Agreement. These personnel shall be the principal coordinator for the Purposes of this Agreement and shall be empowered to discuss and reach agreement on any actions with regard to any operational aspect of the deputation.

6.    REPORTING

6.1   It will be the responsibility of the second party to maintain & monitor The discipline of the employee engaged by them & shall be solely Responsible for control, co – ordination & good conduct on duty, if the First party notices, that personnel of the second party has/have been Negligent, careless in rendering the said services, the same shall be Communicated immediately to the second party who will devise Corrective steps immediately to avoid reoccurrence of any incident & report to the first party its action plan. If any of the personnel of second party indulge in theft, negligence or any illegal/irregular activities, misconduct, the second party will take appropriate action against its erring personal & intimate  to first party.     

6.2  The second party shall issue identity cards on its name to its personnel Deputed for rendering services; the first party may refuse the entry into the premises of any person of the second party not wearing such identity cards.

7.  OPERATING GUIDELINES

• The SERVICE PROVIDER and client agree that they need to comply with certain and commits to discharging its responsibilities as set out therein, in ensuring that deputation services management is administratively effective, fair and mutually beneficial. These operating guidelines are understood to be an integral part of this Agreement. 
• The SERVICE PROVIDER agrees that on separation of their Personnel, they provide  NO CLAM certificates from his personnel mentioning that he has received all dues including statutory dues and end service benefits during the period he has rendered his services with M/s. Span Infarcon_/Afcons as per the statutory guidelines.

8.   INDEMNIFY    

The second party shall  at all times indemnify & keep indemnified the first party against any claim, damages, costs, charges, expenses, liabilities arising out of performance or non-performance of services which it may suffer or otherwise incur by reason of any act, negligence, default or error in judgement.

9.  CONFIDENTIALITY  

The SERVICE PROVIDER should ensure that it and the Personnel deputed By it shall keep secret and confidentialthe proprietary, information made available to them during the subsistence this Agreement.

10.    MISCELLANEOUS

10.1    The first party shall under no circumstances be demand or treated as Employer and will not have any master servant relationship with any person employed by the second party for any purpose, whatsoever, Nor would be first party would be liable for any claim whatsoever for any such person.

10.2    Notices and any correspondence under and relating to this  Agreement, may be in writing or sent by electronic mail and (i) if in writing shall be served by sending the same by registered post or reputed courier, addressed to the Party for whom it is meant at its mentioned above office or by hand delivery duly acknowledged by the other or registered post acknowledgement due, and (ii) if by electronic mail shall be sent with a read receipt and shall be served upon receipt of the read receipt by the sending Party, provided that any invoices for payment which are issued shall always also be sent in writing.

10.3    The first party shall not be liable for any obligations/responsibilities, contractual, legal or otherwise towards the second party employees/agents directly or indirectly in any manner whatsoever. The  employees of the second party rendering services under this agreement shall never be deemed to be employees of the first party in any manner whatsoever & shall not be entitled to anything arising from their deployment by second party from the first party.

10.4    This Agreement supersedes all pervious understanding, agreements, Correspondences, etc. on this subject between the parties here to .

10.5    The SERVICE PROVIDER shall not assign or transfer it rights/obligations under this Agreement to any third party, without the written consent of Client 

10.6    If any section, paragraph or clause in this Agreement shall be held to be invalid or unenforceable in any jurisdiction, in which this Agreement is being performed, then the meaning of such section, paragraph or clause shall be so constructed so as to render it enforceable to the extent feasible and if no feasible interpretation would save such section, paragraph or clause is considered an essential element of this Agreement, the parties shall promptly negotiate a replacement thereof.

11.    ENTIRE AGREEMENT / COMPLETE UNDERSTANDING:

This Agreement together with relevant attachments, amendments, annexure and schedules, if any constitutes the complete and exclusive understanding with respect to the subject matter of this agreement supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.

12.    SETTLEMENT OF DISPUTES:

12.1  In case of any service deficiency from the SERVICE PROVIDER, the Client shall issue a verification/ clarification notice not less than 30 Days from such date, and upon the receipt of notice the SERVICE PROVIDER shall Initiate the necessary investigation and communicate The appropriate action taken on such issue within 30 days after receipt of notice. The decision of the client shall be final and binding on the SERVICE PROVIDER as well as the personnel deputed by the SERVICE PROVIDER. The SERVICE PROVIDER hereby confirmed to abide by the decision of any client.

12.2   Any dispute as to its interpretation or construction, execution or performance of, or in any way related to this Agreement should first be resolved amicable by the parties. If the dispute is not settled amicably, the dispute shall be submitted by either party to the exclusive jurisdiction of the Mumbai, India.

13.    SAFETY

13.1  Employees deputed at the project location are bound to adhere safety norms of M/s Afcons Infrastructure Limited. If any employees of second party found violating safety norms will be viewed seriously and the appropriate action need to be initiated by the second party against its employee concerned.

13.2  The PPE’S will be provided by afcons on returnable basis, However if any equipment is found damage the cost of equipment will be recovered on pro rate basis.

14.    INSURANCE

14.1  The worker/ employee deputed at project locations will be  covered under employee compensation policy of M/s Afcons Infrastructure Limited.

14.2  The Second Party shall ensure the intimatioin of incident or accident at site is given to first party and also ensures timely treatment of worker/employee.

14.3  The second party is required to submit report to first within 12 hours of incident / accident.

14.4  The second party is required to liaison with police incase of any incident/ accident.

14.5  Incase of any claim arises the second party is required to submit documents required to process and submission of claim.

15.    AMENDMENT

Unless otherwise stated expressly, this agreement shall be modified or amended only by an instrument in writing duly executed by both the parties hereto.

16.    COUNTERPARTS

This Agreement shall be executed in two counterparts by parties, each of which when so executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. The English Language text of  this Agreement shall prevail over any translation thereof.

17.    SURVIVAL

The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all parties here to shall so survive the completion and termination of this Agreement.

18.    GOVERNING LAW AND JORISDICTION

This Agreement shall be governed by the laws of India and the courts in Mumbai, India shall have exclusive jurisdiction over any disputes hereunder.

IN WITNESS WHEREOF the parties here to have caused this Agreement to be duly executed on the day and year first above written. 

19. Contact Us

If you have any questions or concerns about this Terms & Conditions our data practices, Please contact us:-

Span Infracon

• Email I’d: info@spaninfracon.in, 
• Phone number: +91-8287857780, 
• Address: C-12/207,2nd Floor, Yamuna Vihar, Delhi-110053